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On Nonfeasance Infringement Of Internet Service Providers

Posted on:2012-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y G FengFull Text:PDF
GTID:2216330338459590Subject:Law
Abstract/Summary:PDF Full Text Request
"Tort Liability Act," Article 36 provides detail on the protection of the rights being infringed, while protecting the interests of the network service provider has not provided for. As the domestic implementation of NRS yet, on the implementation of the infringement of Internet users is difficult to trace, leading to the infringed the network service provider as the first or even sole objective of the claim, the network service provider is likely to easily accept full tort liability, not conducive to China's Internet industry. "Tort Liability Act" should balance the interests of all parties, it is necessary to accurately identify the network service providers and Internet users in the division of responsibilities common violations, but also safeguard the legitimate interests of rights holders; both practical protection to citizens of the Internet Age interests, but also to ensure the healthy development of the network, you need to network service providers are not as violations do further research and improvement. This article is divided into five parts.PartⅠ, leads to problems. This part of the "Ocean Girl v. Baidu" case, revealing line network tort system appears the network service provider is not as tort liability provisions are too broad, is not conducive to the development of networks and contrary to the principle of equity.PartⅡ, of the network service provider does not, as the theory of tort liability. This section from the main, attributable to the principle of liability of network service providers in three aspects as tort liability is not a systematic exposition of the discussion from the theoretical point of view not as a network service provider accountability and responsibility and accountability by way of way of and combining the current network status of tort legislation that the shortcomings in this regard.PartⅢ, the network service provider Comparative Law of tort liability. This section on the United States, Europe and other national laws Comparative Law, European and American Internet service providers in most countries adopted a weakening Tort Liability Principle, while the provisions of the law has a strong operational, can effectively avoid network service providers involved in the infringement dispute. Of tort law for Internet service providers have adopted a strict fault, too much focus on the protection of persons against infringement, adding to the network service provider's responsibility. PartⅣ, network service providers do not need as Infringement Liability Limitation. This section mainly describes the network service providers to limit tort liability is not as reasons, first of all, the existing law increased the responsibility of Internet service providers, resulting in the rights of its obligations not uniform, contrary to the principle of fairness. Secondly, the "Tort Law" Protection or the network service provider is not specified, making it very easy to be against the persons directly involved in the infringer disputes, infringement of the legitimate rights and interests of network service providers, increasing the difficulty of the proceedings. Third, the existing law, Internet service providers to avoid liability for infringement of the network may involve a deletion of the content, so that citizens no real protection of freedom of expression, in violation of the basic principles of the Constitution.Part V, the network service providers as a tort liability system is not perfect. This part of the network service provider for the current tort liability system in the problem, a sound and complete infringement of our network service provider's proposal that Internet service providers a clear obligation, without prior review, limited the scope of subjective fault shape and improve our immunity system, improve joint and several liability.
Keywords/Search Tags:Network Service Providers, Notification Rules, Effective Notice, after Review of Obligations, Fault Principle
PDF Full Text Request
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